Dean and Rosalie Monahan - Page 7




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          Commissioner, 93 T.C. 730, 734 (1989); Maxwell v. Commissioner,             
          87 T.C. 783, 788 (1986); Thomas v. United States, 967 F. Supp.              
          505, 506 (N.D. Ga. 1997).                                                   
               The TEFRA partnership procedures are applicable to                     
          partnership taxable years beginning after September 3, 1982, the            
          effective date of TEFRA.  TEFRA sec. 407, 96 Stat. 670.                     
               Among other arguments, petitioners argue that Barrister’s              
          1982 taxable year began before September 3, 1982, that the TEFRA            
          partnerships procedures and the above cases are not applicable,             
          and that petitioners individually, in the instant case, should be           
          allowed to assert the statute of limitations as an affirmative              
          defense.                                                                    
               If Barrister for its 1982 tax year was not to be governed by           
          the TEFRA partnership proceedings, it would have been nonsensical           
          for petitioners to enter into the above settlement stipulation to           
          the effect that the issues in the instant case were to be                   
          controlled by Chimblo v. Commissioner, supra.  Further,                     
          petitioners did not invest in Barrister until December of 1982,             
          and nothing in the record indicates that Barrister’s taxable year           
          began before December of 1982.                                              
               As the parties stipulated, the statute of limitations                  
          defense that petitioners would now assert is controlled by the              
          resolution of that issue by the Court of Appeals for the Second             








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